De cognitionibus libri
Ex libro II
Dig. 42,1,31Callistratus libro secundo cognitionum. Debitoribus non tantum petentibus dies ad solvendum dandi sunt, sed et prorogandi, si res exigat: si qui tamen per contumaciam magis, quam quia non possint explicare pecuniam, differant solutionem, pignoribus captis compellendi sunt ad satisfaciendum ex forma, quam Cassio proconsuli divus Pius in haec verba rescripsit: ‘His, qui fatebuntur debere aut ex re iudicata necesse habebunt reddere, tempus ad solvendum detur, quod sufficere pro facultate cuiusque videbitur: eorum, qui intra diem vel ab initio datum vel ex ea causa postea prorogatum sibi non reddiderint, pignora capi eaque, si intra duos menses non solverint, vendantur: si quid ex pretiis supersit, reddatur ei, cuius pignora vendita erant’.
Callistratus, Judicial Inquiries, Book II. Time for payment should not only be granted to debtors who request it, but it should also be prolonged, if circumstances demand it. Where, however, anyone defers payment, rather through obstinacy than because he cannot obtain the money, he should be compelled to pay by taking his property in execution to satisfy the claim, according to the following rule which the Divine Pius prescribed to the Proconsul Cassius, namely, “Time for payment should be granted to those who admit that they owe a debt, or who are required to pay by a judgment, and the time should be such as appears to be sufficient in accordance with their means. If they do not make payment within the time granted in the beginning, or after it has been prolonged, their property can be levied on and sold, if they do not satisfy the claim or the judgment within two months; and if anything remains out of the price, it shall be returned to him whose property was taken in execution.”
Dig. 50,9,5Callistratus libro secundo de cognitionibus. Quod semel ordo decrevit, non oportere id rescindi divus Hadrianus Nicomedensibus rescripsit nisi ex causa: id est si ad publicam utilitatem respiciat rescissio prioris decreti.
Callistratus, On Judicial Inquiries, Book II. The Divine Hadrian stated in a Rescript addressed to the people of Nicomedia that where the Order of Decurions had once issued a decree it should not be rescinded, except for some good reason; that is to say, where the annulment of the decree had reference to the public welfare.
Dig. 50,10,7Callistratus libro secundo de cognitionibus. Pecuniam, quae in opera nova legata est, potius in tutelam eorum operum quae sunt convertendam, quam ad inchoandum opus erogandam divus Pius rescripsit: scilicet si satis operum civitas habeat et non facile ad reficienda ea pecunia inveniatur. 1Si quis opus ab alio factum adornare marmoribus vel alio quo modo ex voluntate populi facturum se pollicitus sit, nominis proprii titulo scribendo: manentibus priorum titulis, qui ea opera fecissent, id fieri debere senatus censuit. quod si privati in opera, quae publica pecunia fiant, aliquam de suo adiecerint summam, ita titulo inscriptionis uti eos debere isdem mandatis cavetur, ut quantam summam contulerint in id opus, inscribant.
Callistratus, On Judicial Inquiries, Book II. The Divine Pius stated in a Rescript that where money had been bequeathed for the construction of a new work, it was better for it to be employed for the preservation of works already existing than to be expended in the construction of new ones; that is to say, if the city had enough public works, and money was not easily obtained for their repair. 1When anyone wishes to adorn with marble, or in any other manner a work constructed by another, and he promises to do so according to the will of the people, the Senate decreed that this could be done if he inscribed his own name upon the work, but that he should allow the name of the person who built it in the first place to remain. Where, however, private individuals expend a sum of money of their own to the embellishment of a work already constructed with the public funds, it is provided by the same Imperial Mandates that they can have their names inscribed upon the work and state the amount of money which they had contributed to it.